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Being Declined From A Job For Having “Too Much Experience” May Be Evidence Of Age Discrimination

The Age Discrimination in Employment Act of 1967 (the “ADEA”) prohibits discrimination against older workers, including employment practices that have a disparate impact on older workers. In Kleber v. Carefusion Corporation, No. 17-1206, the Seventh Circuit Court of Appeals emphasized that these protections extend to applicants as well as existing employees.

In Kleber, a 58-year old attorney applied for a position, but was ultimately not selected for an interview as the employer specifically sought employees with no more than seven years of experience. The employee brought suit, arguing the employer’s policy of excluding experienced employees was “based on unfounded stereotypes and assumptions about older workers,” “deters older workers from applying for positions,” and “has a disparate impact on qualified applicants over the age of 40.” The Seventh circuit agreed, and overturned the lower court’s dismissal of the case.

If you have been declined for a job because you had “too much experience,” or if you feel you have otherwise been discriminated against on the basis of age by a current or prospective employer, we would like to speak with you. Please contact us for your free consultation today.

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